A Woman Died Before Performing Hajj

Question :

All praise and thanks be to Allah, Alone; as for what follows: The Permanent Committee for Scientific Researches and Religious Verdicts studied a letter received from a seeker of information named Qasim bin Hamdan and the question is:

"A woman died and left a small sum of money and the heirs desire to know what is the inheritance of each of them this is one point. The other point is, the aforementioned woman who died did not perform the obligatory rites of Hajj and some of her heirs would prefer to designate someone to perform Hajj on her behalf before the shares of inheritance are distributed, while others do not agree to this, except after a legal ruling has been sought and it is known what is the legal position, so we await your reply."

Answer:

If the matter is as stated, then a sufficient amount must be paid from her inheritance so that one can perform Hajj and 'Umrah on her behalf. Her debts must be paid from what remains after that if she has any debts. Then her bequests must be implemented - if she has made any bequests. As for what remains after that, it is divided into two: A half goes to the husband and the remainder goes to the father and there is nothing for her sisters because the presence of a father causes them to forfeit any rights. As for the daughter who died before her, she does not inherit anything from her mother, because one of the conditions of inheritance is proof of the presence of the heir at the time of death of the testator, and that (condition) is missing here. And Allah is the Granter of success. And may peace and blessings be upon our Prophet, Muhammad and upon his family and Companions.

Source:
The Permanent Committee
Fatawa Islamiyah, Vol. 5 Pages 79-80